Decision: The Minister dismissed the appeal and a variation of the planning permission has been made. The Minister hereby grants planning permission to develop land under Article 116 of the Planning and Building (Jersey) Law 2002 in respect of the following development (revised description); “ Proposed formation of all-weather equestrian riding area (including site levelling, compacted hardcore base with Activ-track topping within perimeter retaining boards and associated landscaping) for use as a dressage horse / rider warm up facility in connection with occasional ancillary dressage events at La Fontaine farm complex). This permission is granted subject to compliance with the following conditions: 1. The development shall commence within three years of the decision date. Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance and the three year period reflects the Supplementary Planning Guidance: Practice Note - “Time limited planning permission” adopted by the Minister in April 2017. 2. The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission. Reason: To ensure that the development is carried out and completed in accordance with the details approved. 3. This permission shall enure solely for the personal benefit of Mr and Mrs Leng. Reason: the proposal and its intended use is specifically related to the Applicants’ equestrian activities and interests and has been assessed and determined on that basis. Its wider or differing use will require a separate Planning assessment. 4. The application area is defined by the red line marked on the Location Plan and this permission does not authorise any development beyond this area. Reason: for the avoidance of doubt and to define the terms of this planning permission. 5. The remainder of Field B978 to the west of the proposed all-weather riding facility shall be retained in agricultural use at all times and shall not be used for vehicle parking or for any other purpose. Reason: for the avoidance of doubt and to define the terms of this planning permission. 6. The all-weather riding facility shall only be used between the hours of 9.00 a.m. and 5.00 p.m. on any day. Reason: to preserve the amenities of occupiers of neighbouring properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 7. The use of the all-weather riding facility as a ‘warm up’ area for horses in association with occasional dressage events held at La Fontaine shall not exceed 10 occurrences per annum and each occurrence shall not exceed 2 days (i.e. no more than 20 days use per annum). Furthermore, no more than one occurrence of warm up use shall take place in any one calendar month. Reason: to define the terms of the development permitted and to preserve the amenities of occupiers of neighbouring properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 8. No amplified music, loudspeaker or artificial lighting shall be installed within the application area. Reason: to preserve the amenities of occupiers of neighbouring properties in accordance with Policy GD 1 of the Adopted Island Plan 2011 (Revised 2014). 9. All proposed soft landscape works within the application area as indicated on the approved plan shall be implemented in the first planting season following the implementation of the all–weather riding area and the landscaping areas shall be thereafter maintained as such. Reason: in the interests of the amenities of the area in accordance with Policies GD1 and NE 4 of the Adopted Island Plan 2011 (Revised 2014). 10. Should the all-weather riding facility fall into disrepair or disuse (i.e. not being used for a period of 12 months or more) it shall be removed in its entirety (including all materials and hardcore sub-base) from the site and the land re-contoured and reinstated to its original state. Such reinstatement shall be completed within a period of 12 months following any formal written instruction for the undertaking of such works made by the Department of the Environment on behalf of the Minister. Reason: in the interest of the amenities of the area in accordance with Policies GD1 and to enable the land to return to other agricultural uses in accordance with Policy ERE1 of the Adopted Island Plan 2011 (Revised 2014). |